Tag Archives: Fort Lauderdale

SIMULATION OF LEGAL PROCESS: Two Faces of Attorney Fraud in Florida Foreclosures (Plaintiff’s and Defendant’s)—but under Rule 1.540(b)—-IT AIN’T OVER TIL IT’S OVER!

In Robert S. Tripka’s appeal to the Second District Court of Appeal, we see evidence from a case in which one of the original Florida Mortgage Defense Mavens, April Carrie Charney, has been involved that the members of the Financial Plaintiff’s bar in Florida (e.g. Linda Spaulding White of Broad & Cassell LLP) will stop at nothing to hide the bank’s financial malfeasance in securitizing notes and thereby obliterating them, while trying to preserve the facade of law—as if the Common Law, Constitution, and Uniform Commercial Code were still followed and operating as living systems in Florida—which they are not.  But a plethora of cases decided (and receiving hardly any publicity) in the past five years show that there are many Florida Judges with integrity who are doing their best to stop the bleeding and degradation of the law…  Deutsche Bank National Trust Company no more has standing to foreclose on Tripka’s house than whatever Saudi Prince or “Equity Fund” actually has a fractionalized interest in a mortgage note which has been sold and therefore paid…

Robert S. Tripka’s Motion for Written Opinion, Rehearing or Rehearing En Banc and Certification on Appeal to 2nd DCA October 23

SIMULATED LITIGATION BY A DEFENSE ATTORNEY COLLABORATING WITH DEUTSCHE BANK NATIONAL TRUST—At the other end of Florida and on the other side of foreclosure  litigation fraud issues, Aluisio Barbosa, a severely disabled person, has filed a Complaint for Equitable Bill of Review of his Foreclosure under Florida Rule 1.540(b) in Broward County (Fort Lauderdale) alleging Extrinsic Fraud in William Jeffrey Barnes’ intention and motivation… at every step of the defense which he and his wife paid for….with this very arrogant (and treacherous) high-profile and high priced attorney….  Plaintiff Aluisio Barbosa has alleged (and credibly documented) that William Jeffrey (aka “Jeff”) Barnes intentionally perverted and twisted the defense of his and his wife’s case… by collusion and cooperation with the Attorneys’ for Deutsche Bank National Trust Company and one of these film-flam trusts…. the GSAA HOME EQUITY TRUST 2006-16, which exists ONLY as a vehicle for securitization and hence for fraud….

Aluisio Barbosa & Una Proenca Rule 1.540(b) 92 Page Complaint for Equitable Bill of Relief

King Solomon would approve this decision: nobody won, but justice was done!

Dr. Orly Taitz’ undistinguished (disgraceful, dishonest, and extremely informal and undignified) attack on her former “greatest admirer” Charles Edward Lincoln resulted in a January 12 hearing in U.S. District (Magistrate Judge Lurana Snow’s) Court in Fort Lauderdale, Florida, which lasted five hours running into “overtime.”  This dull proceeding was attended by several witnesses, several lawyers including top-notch Philadelphia attorney Philip J. Berg for Lincoln, and an audience of two (possibly homeless but definitely unemployed) paid bloggers.  After the hearing, Lisa Ostella produced an affidavit on Lincoln’s behalf which basically demolished both of the two shreds of credibility that Orly Taitz had ever had in her life.  And, ironically, both Lincoln and Ostella had formerly been both fans AND close working associates of Dr. Taitz in her quest for small-time radio-talk show interviews nationwide.

Nothing else of any note happened that day or after.  Judge Lurana Snow “split the baby” and denied sanctions while simultaneously denying any clear vindication to the injured parties, or any punishment to the lying party.  Nobody “won”, but a calm version of justice prevailed, and the case-in-chief will go forward, thanks to Judge Dimitrouleas’ order of last Friday that U.S. Bank should answer the 4 out of 7 remaining counts of Plaintiffs’ original Complaint.  On PACER:

The following transaction was entered on 2/9/2010 at 2:08 PM EST and filed on 2/9/2010

Case Name: Rivernider et al v. U.S. Bank National Association
Case Number: 9:09-cv-81255-WPD
Filer:
Document Number: 58 Lurana Snow Denies Sanctions February 9 2010

Docket Text:
ORDER, no sanctions will be imposed by the court on the plaintiffs or Dr. Taitz, and the parties and witnesses shall pay their own attorney’s fees. Signed by Magistrate Judge Lurana S. Snow on 2/9/2010. (cqs)